1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

1. Facts of recognition;

A. From May 10, 2017, the Defendants had been operating a business operator’s name at the stores E and F of Jongno-gu Seoul Metropolitan Government D from May 10, 2017, G and Defendant B as “H” (hereinafter “instant skin management office”).

B. On April 19, 2018, the Plaintiff concluded a contract for the transfer of business with the following contents (hereinafter “instant transfer of business”). On April 19, 2018, the Plaintiff agreed to transfer all the facilities and goodwill, including the equipment, trade name, and customer of the instant secondary management room, to KRW 42 million.

However, the transferor of the above business transfer contract was prepared in the name of the defendant B alone.

[Main contents of the instant contract for the transfer of business] Article 1 of the Act provides that the transferee shall pay the transferor the following amount in return for the transfer of business rights (including all rights including shop premiums) to the above company:

[Matters of special agreement] The transferor should not carry on the same kind of business within 2 K m radius from this store after the contract.

C. After that, the Plaintiff paid 42 million won to the Defendants according to the above business transfer agreement, and has operated the skin management office of this case until now.

【Ground of recognition】 The fact that there has been no dispute, entry of Gap Nos. 1 and 2, the purport of the whole pleadings

2. Determination as to the cause of action

A. The gist of the Plaintiff’s assertion is that Defendant C had been practically operating the skin management office of this case by lending the name of Defendant B, etc., and that the Plaintiff should be deemed as the party who entered into the instant business transfer contract with the Plaintiff.

However, even though Defendant C transferred the business of the instant skin management office to the Plaintiff, it violated the duty of prohibition of competitive operations by lending the name of the said skin management office from the above section management office to the Seoul Jongno-gu J and the sixth floor of “K” (hereinafter “K skin management office”).

Therefore, the defendant is liable to the plaintiff for damages from violation of the prohibition of competitive business = 123,515,00 won.